MONIKA BAWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are parents of an unborn child. The fetus is 24 weeks' old as on yesterday i.e. 23.4.2020. Medical tests have confirmed that the fetus is afflicted with Down Syndrome. On account of the said medical condition, the writ petition has been filed for a direction that the pregnancy be terminated. The direction has been sought as the statutorily prescribed period of 20 weeks' for termination of a pregnancy has passed.

(2.) As the procedure sought by the petitioners is safe, even though the statutorily prescribed period is over and in view of a similar judgment of this Court dated 20.9.2019 passed in CWP No.25996-2019 titled as Marjina and another v. State of Punjab and others, I consider it appropriate to direct respondent No.2 to terminate the pregnancy of petitioner No.1 as recommended by its Permanent Medical Board.

(3.) I have been informed that the petitioners are people of limited means and are unable to afford the aforementioned procedure. Thus, respondent No.2 is directed to treat the case as one of a poor patient and give all assistance available for such patients as per policy of respondent No.2.